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Question 13
13. Esnyr filed against Fonzie a complaint for sum of money with prayer for
preliminary attachment. Esnyr alleged that Fonzie failed to pay the
consideration arising from their contract of service. The trial court granted
the provisional remedy and levied Fonzie’s property. However, Fonzie
died during the pendency of the proceedings. Accordingly, the heirs of
Fonzie moved to dismiss the case and to dissolve the writ of preliminary
attachment. The heirs of Fonzie argued that the writ of preliminary
attachment would adversely affect their right to dispose the estate. The
trial court dismissed the case and dissolved the writ of preliminary
attachment. Did the trial court properly dismiss the case and dissolve
the writ of preliminary attachment? Explain.
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